The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-05-12
go ACR.

SlIul JUST 0Outu VI bns
portion Of one Of the fpk deubtfal ss,te
iscsch is some TWO :: ths mere iact , tina.
the; the in oak and y wa. TO; to have known and
furnished tn.Ollr with the exact facts TO alter
the compromise agreement.
s. 1t is the duty OF father, nhe can TO main
tain and educate his child sccofding 10 her con-
dition and expectations during the la,ters mi
nority, even though she have an estate but If
his means are insufficient chancery willpreer
an allowance out of her estate for her entire sup
port, or 10 supplement the fathers contribution
thereto, according 70 she circumstances of each
case.
6 The childs fortune, and the fortune, coadi-
ton and circumstances Of the father will be COO
sidered in deciding both whether any, and what
allowance should be made out Of her estate.
The welfare and happiness of the child require
that she should be educated and maintained pre-
parato.y to the advantages and social position
which her means will enable her to enjoy, and
the whole or any part of the expense thereof
will be charged upon her estate according as
the fortune, circumstances and condition Of the
father require.
2. When the estate of the father 10 of the same
or about the same value, as that of his daughter,
and bis condition is such that the entire income
therefrom is necessary for his own support, the
maintenance of the daughter In style cuasist-
ent with her own estate will be charged npon
her income therefrOm, during the period that
his own income b necessary for his own sup
port.
g. The burden is upon the father 10 show the
necessity for contribution from her estate, and
he will be charged with her support during such
periods as he does not clearly show the neceBi-
ty for such contribution.
8. Application should be made in advance for
the allowance, aud though an allowance for
to granting it will not be directed as matter Of
course, but only upon special case showing
good grounds therefor. 1t will be directed in q
suit for an account against the father in posses
sion of, and managing her estate, where the
pleadiDgs justify it.
parent applies for allowance for past mainten-
ance the Court will consider his means It the
time the support is furnished. Where however,
at the time a parent had used the child's means
in supporting her and his own means were not
then such xs to require him, in view of her es-
tate, to contribute 10 her support, but subee-
quently thereto, and before the application by
him for an order allowing such use of her
means, or the institution by her of q suit for an
account of her state, there had been, pending
her infancy, such an increase in the value of his
estate as would enable him 10 reimburse her es-
periling his own support, such reimbursement
should be required.
H. Where a part of the estate of the parent
is non-productive, and is not used for his main
tenance and the value of such part ID 50 large a.
10 make it seem, in view OF his aud the child's
relative circumstances, unjust TO the child that
he should hold II free from liability for her sup
port, it should not be ignored Ia deciding upon
his ability to contribute thereto. ..s
IL. In stating an account against father for
his child's estate, it is not proper to charge him
in the account with any amounts for the mainten-
ance Of the child for any period during which
he is liable for the child's entire maintenance,
nor for any period during which her entire
maintenance should be thrown upon her estate
Where part of her maintenance is allowed out
Of her estate, he should be simply credited with
the amount of such allowance the same re-
suit may. however, be reached by credhing him
with the whole sum necessary for her manteu-
ance, and charging him with what he is requir-
ed to contribute out Of his own estate for her
support.
10. The action of a master and The chancellor
in rejecting claims OF q trustee or tenant for
Improvements and expenditures, or credits for
remittances, will not be disturbed unless the evil
deuce clearly shows that it was erroneous
IA. Compensation for individual services in
managing or taking care of the joint property
is never awarded to q co-tenant, except as the
result of a direct agreement, or unless from all
the circumstances, q mutual understanding to
that effect is satisfactorily shown.
Is. The computations of interest should be
brought up to the date of the masters report,
and the decree should be for the aggregate
amount reported due, and that this amount bear
interest from the date of such report bot
interest accruing intervening the date of the re-
port and the decree should not be made q part
of the principal of the decree.
Is. Where there is such an insuf1ciency of ties.
timODy as 10 preclude making just decree, and
the points are covered By the pleadings, and
are such that there can be no doubt that testi-
mOny exists as 10 them, the cause will be re-
manded with directions TO take further tessimo
ny on such points.
Decree reversed.
Randall, Walkers 8 Foster, for Appellant :;
Hartridge s. Young, for Appellee
w. L. Seymour. Appellant, vs.. Jacob Purnell,
Appellee-Duvxl County.
RANEY, j.:
l. Objection to the oath administered to the
jury should be made at the time il is admins
tered
O. Where the oath administered to jury in
Q civil action is not the prescribed by statute
for such action. yet is sufficient to cover the iu-
qury involved in or the issues covered by the
pleading therein, and the plaintiff makes no
objection but proceeds 10 trial and there Is
verdict against him, such irregularity in swear
ing the jury is not good ground for setting aside
the verdict on q motion Tor q new trial
Judgment affirmed.
Geo. Wheaton Deans, for Appellant r. B.
Archibald, for Appellee.
Jefferson County, appellant, vs.. A. B. Hawkins,
Trustee. appellee-Jeferson county.
FOSTER, Judge 7th Judicial Circuit, sitting in
stead of Raney, j., disqualified
1. The right to order separate records to be
made up, and separate trials TO Do had, 10 within
the discretion of the Circuit Court Judge, and
separate judgments may be rendered. The ap-
pellate court will not review u discretion I'M
less there has been an abuse Of it, or hardship
has been the result Of it,
Q. A valid bond cannot be paid by q void
one. The debt is not extinguished by the void
bond, and the debt created by the valid bond can
be sued upon.
8. Coupons bear interest after maturity They
bear the legal rate of interest at the time of their
maturity when no rate of interest Is expressed
in the coupon ITSELF
A voluntary payment Of money paid upon
q claim of right, with full knowledge of all the
facts, cannot be recovered back merely because
the party at the time of payment was ignorant
Of or mistook the law IS to its liability. The
llegality of the demand paid constitutes OF itself
no ground for relief, but there must be in addi-
ton some compulsion or coercion attending ito
assertion, which controls the conduct Of the
party making the payment.
Judgment reversed. t. .es~r
g. Pasco, for appellant; w. B. Lamar, John
W. Malone, John A. Henderson, for appellee.
Bourquardez, appellee-Hillsboroug county.
RANEY, j.:
1. Where the mortgagor Is in possession of
the land mertgaged, holding the same under q
deed Of Conveyance iwnA full <Fena6t war
ranting the .tls A. th9 eas bff naetic.is y,
rAotf eEo ~